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(영문) 부산지방법원 2017.06.22 2016고정2267
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 2014, the Defendant stated that “The Defendant lent his identification card to allow the victim B to open a mobile phone at the Busan Jindong-dong, Busan, the Busan, the Busan, and that “The charge and the value of equipment will be paid within the phone, and will not cause any damage by changing his name later.”

However, even if the defendant opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the mobile phone price and the user fee.

On April 1, 2014, the Defendant: (a) by deceiving the victim; (b) let the victim pay the total amount of KRW 2,759,420 of the cost of mobile phone devices and the cost of use; and (c) obtained pecuniary benefits equivalent to the same amount by allowing the victim to take up two mobile phones around April 1, 2014.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to each short-term installment trading contract, etc. (24 pages of investigation records), debt certificates, and receipt statements;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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